Civil Law Protection Of Personal Information

From birth,we are surrounded by countless information.It runs through our lives.No one can escape the parcel of information.Personal information is the foundation of our interpersonal communication and the driving force for social development and progress.Its indispensability determines the effective protection of personal information.Article 111 of the General Principles of Civil Law stipulates that "the personal information of natural persons is protected by law",which is the first time that China has incorporated the protection of personal information into the basic civil law.Based on the problems existing in the protection of personal information,this paper uses the literature research method,case analysis method and comparative research method to discuss the types of infringement of personal information,the principle of imputation,the causal relationship and the way of bearing civil liability.Firstly,the concept and type of personal information are clarified.Personal information is protected by different strengths according to different sensitivities.The article discusses the rights of correction,blockade and deletion and distinguishes the relationship between personal information rights and privacy rights.Secondly,the types of personal information infringements are diverse,so the boundaries of infringements should be defined and the legal acts should be excluded in order to delimit the prohibited areas for others.Thirdly,in accordance with the principle of imputation in personal information infringement cases,it is considered that a ternary liability system should be established according to the different subjects.The public agency dealing with personal information by using big data adopts no-fault liability,and non-public service agency adopts fault presumption responsibility.Information processors who don't use big data systems always adopt the principle of general fault liability.In terms of causality,we should adopt the theory of highly probable causality and make reasonable use of the theory of "proof of obstruction".Finally,in the way of bearing civil liability for personal information infringement,non-property and property relief can be adopted in parallel.In terms of property relief,the definition of actual loss,the mitigation of "serious" elements of compensation for mental damage,and applicability of punitive damages are emphasized.